On this page: Does this apply to you? · Violation letters and fines · What an HOA cannot ban · The ADRE hearing route · Buying or selling: the $400 cap · Board members · Records you can see · Dues, liens and foreclosure · HOA or condo at a glance · Who to ask · What changes next
Does this apply to you?
Look at the first page of your declaration. If it says "condominium", the Condominium Act (chapter 9) is your law. If not, it's almost certainly the Planned Communities Act (chapter 16), which says "planned community" for HOA. Section numbers below are Arizona Revised Statutes (A.R.S.).
| Your home | Main law | Worth knowing |
| House, townhome or patio home with a mandatory HOA | Planned Communities Act, ch. 16 (33-1801 to 33-1821) | Covers "all planned communities" (33-1801(A)), but not condos or timeshares (33-1802(6)(b)). Some associations formed before 1 January 1974 with no power to enforce use, occupancy or appearance rules are outside it unless members opt in (33-1801(C)(2), (D)). |
| Condo, of any age | Arizona Condominium Act, ch. 9 (33-1201 to 33-1270) | Covers every condo "without regard to the date the condominium was created" (33-1201), including ones built before 1986. |
| Townhome or patio home set up as a condo | ch. 9 | If the recorded declaration creates a condominium, chapter 9 applies. |
| Home under a master association too | Depends on each association's declaration | The resale package must list each association's disclosure fee (33-1806(A)(12)). |
| Housing co-op | No Arizona statute written for residential housing co-ops was found | Co-ops are rare in Arizona and run under their own corporate documents. Ask an Arizona-licensed attorney. |
Arizona has no HOA regulator, but it does have a state hearing route. See ADRE petitions.
Got a violation letter or a fine?
21 days from the date on the letter
Got a written notice that the condition of your property breaks the community documents? You may answer by certified mail "within twenty-one calendar days after the date of the notice", to the address in the notice, whether or not it imposes a fine (33-1803(C) for HOAs; 33-1242(B) for condos). Weekends count, and the clock starts on the date the letter bears, not the day it arrived.
- What your reply forces. Within ten business days of receiving it, the association must tell you in writing the rule broken, the date, "the first and last name of the person or persons who observed the violation", and how to contest it, unless the notice already gave these details (33-1803(D); 33-1242(C)).
- A pause on enforcement. If the notice didn't explain how to contest it, there's no enforcement, "including the collection of attorney fees", until those ten business days end (33-1803(E); 33-1242(D)).
- The hearing option. The association must tell you in writing that you can petition ADRE (33-1803(E); 33-1242(D)).
A right to answer, not a deadline to fix. The 21 days aren't a cure or hearing deadline, and the statute doesn't say what happens if you miss them (our reading). Answering still forces a written reply naming who saw it.
Check this one: noise, parking and pets. The rule covers notices about the condition of the property (yard, paint, trash cans). Whether it covers conduct isn't settled. If your notice is about conduct, ask an Arizona-licensed attorney.
Fines
- Notice and a chance to be heard first. An HOA board may impose "reasonable monetary penalties" only "after notice and an opportunity to be heard", and the notice must say how the penalty will be enforced (33-1803(B)). Condos follow the same notice and hearing rule (33-1242(A)(11)).
- No dollar limit. We found no statutory cap on fines and no required list of fine amounts. The test is "reasonable" (33-1803(B)).
- Late charges on HOA fines. A payment is late only after 15 days unpaid, and the late charge is then no more than the greater of $15 or 10% of the unpaid fine (33-1803(B)).
- Payments go to dues first and fines last, whatever the documents say (33-1807(K); 33-1256(K)).
- Fines can't be foreclosed (33-1807(B); 33-1256(B)). More below.
Architectural decisions (HOAs). The design committee must include a board member, who chairs it, and approval can't be unreasonably withheld (33-1817(B)).
Letters for this: a violation notice reply (HOA or condo), a late or incomplete answer, a hearing before any fine, records, an architectural decision, and a statement of account.
What an HOA cannot ban
These protections are in the Planned Communities Act, so they're for HOAs. The HOA can still make the reasonable rules shown.
- Flags. No ban on the US, Arizona, POW/MIA, Gadsden, first responder, blue or gold star, historic US, Arizona Indian nation or uniformed services flags (division flags too, since 12 September 2026), or, since that date, the flag of a "major non-NATO ally" established on 14 May 1948. The HOA can't ban a flagpole in the front or back yard, but may limit you to two flags at once and a pole no taller than the roofline (33-1808(A), (B)).
- Political signs and flags. Allowed from 71 days before a primary to 15 days after the general election, up to the local size limit, or 9 square feet in total if there's none (33-1808(C), (D), (N)).
- For sale and rental signs. No ban and no charge. The HOA may require the industry-standard 18 by 24 inch sign and 6 by 24 inch rider, and open house hours of 8 a.m. to 6 p.m. An HOA that breaks this loses its lien rights for six consecutive months (33-1808(G), (M)).
- Artificial turf, where grass is allowed, once the developer has handed over control, with rules only "to the same extent" as for grass. Some exceptions apply, such as areas the association must maintain (33-1819).
- Backyard shade structures, from 12 September 2026. Only reasonable size, placement and appearance rules that don't block installation, impair function, unreasonably add cost or go beyond city height and setback rules (33-1816.01, added by HB 2342).
- Renting. Unless the declaration bans renting, the HOA can't demand the lease, rental application or tenant credit report, or charge more than $25 per new tenancy for tenant details ($15 if they're late or incomplete). It can ask for adult occupants' names, contacts, lease dates and vehicles (33-1806.01(C) to (E)).
Check this one: condo owners. Condo flag and sign rules are in 33-1261. Its official page was slow to show the 2026 flag changes, so condo owners should check the current text. The shade structure law (33-1816.01) is for planned communities only.
Letters for this: a notice about a protected item (HOA).
The state hearing route: ADRE petitions
An owner or an association may petition the Arizona Department of Real Estate for a hearing on a breach of the HOA or condo documents or statutes (32-2199.01(A)). An administrative law judge at the Office of Administrative Hearings (OAH) hears it. It doesn't hear disputes between owners alone, or with a builder, seller or developer about design, construction, condition or sale (32-2199.01(A)(1), (2)).
- 20 days to answer. The respondent must answer within 20 days after ADRE mails the petition, or face a default decision (32-2199.01(C), (E)).
- What the judge can order. Compliance with the statute or documents, a civil penalty for each violation (no amount stated), and, if the petitioner wins, repayment of the filing fee by the respondent (32-2199.02(A)). The order binds the parties unless a rehearing is granted, and can be enforced through contempt of court (32-2199.02(B)). Attorney fees aren't on the list; 32-2199.02 doesn't mention them.
- The fee. ADRE sets it; the statute gives no figure. It's refunded if the petitioner withdraws, or both sides agree to dismiss, before a hearing is scheduled (32-2199.01(A)). ADRE's fee schedule and its August 2026 form say $800 per issue ($1,600 for two, $2,400 for three, $3,000 for four).
Check this one: the fee has changed. ADRE's 2025 form listed $500 per issue, and its own HOA page still showed $500 in October 2026. Check azre.gov before you file.
What ADRE won't do. ADRE says it "does not regulate HOAs". It can't make an association follow its CC&Rs, doesn't investigate and can't give legal advice.
Letters for this: a reply to a violation notice, and a late or incomplete answer.
Buying or selling: the $400 cap
HB 2397 rewrote the resale rules for HOAs (33-1806) and condos (33-1260) from 12 September 2026. The clock starts when the offer is accepted.
- Fewer than 50 homes. The seller must deliver the information to the buyer or the buyer's agent "within ten days after acceptance of the purchaser's offer" (33-1806(A); 33-1260(A)).
- 50 or more. The seller notifies the association in writing with the buyer's or agent's name, email and mailing address, and the association must deliver within ten days after receiving that notice (33-1806(A); 33-1260(A)).
Check this one: which ten days? The statute doesn't say whether weekends count. Count calendar days to be safe, and ask your escrow officer.
What the buyer gets
In an HOA or a condo (33-1806(A); 33-1260(A)): the bylaws, rules and declaration; new in 2026, the final plat and the minutes of the previous three open board meetings; a dated statement of assessments, unpaid liens, any transfer fee, income and expenses and "any outstanding and unresolved violation"; the budget; the latest audit, review or compilation; the latest reserve study, if any; pending lawsuits; and whether the developer still controls the board.
Condo buyers also get insurance certificates showing limits and deductibles, any known material deficiency in the common elements that they may be assessed for within six months, and whether any corporation or LLC "owns and leases thirty-five percent or more of the units" (33-1260(A)).
The fees
- $400 for the whole bundle. "Not more than an aggregate of $400" for the report, lien estoppel and "any other services related to the transfer or use of the property", plus up to $100 for a rush (72 hours) and up to $50 for an update once 30 days have passed (33-1806(D); 33-1260(D)).
- Paid at closing ("not earlier than at the close of escrow"), and charged to the seller (33-1806(D), (E), (H); 33-1260(D), (E)).
- Overcharging brings "a civil penalty of not more than $1,200" (33-1806(E); 33-1260(E)). The HOA rule binds managing agents too (33-1806(F)).
Check this one: who really pays. The statute charges the seller, but your contract decides who finally bears it. Ask your agent.
The $400 cap is on the paperwork, not on every fee at closing. An association may also charge a transfer fee for a purpose its documents authorize, if the fee isn't passed to the developer or a third party (33-442(C)(3)). We found no cap on that fee, but it must appear on the disclosure statement (33-1806(A)(4)). The $400 itself is fixed; nothing in the text raises it with inflation.
Walking away, errors and the lien statement
- No walk-away right in the statute. We found no right to cancel over the disclosure in 33-1806 or 33-1260. Your contract sets any review period, so ask your agent for the date.
- Knowing or reckless errors let a harmed buyer or seller "pursue all remedies at law or in equity" (33-1806(C); 33-1260(C)).
- The lien statement binds. The association must give a statement of unpaid assessments within ten days of a written request. One requested by a licensed escrow agency binds the association, and failing to give it to the escrow agent on time extinguishes the lien for assessments then due (33-1807(J); 33-1256(J)).
- The buyer's acknowledgment. In an HOA or condo sale the buyer signs at closing that unpaid assessments can lead to foreclosure "without the equity protection of the homestead act" (33-1806(A)(11); 33-1260(A)).
Letters for this: an accepted offer, rush service, an update, a full report, a lien statement, fees over the limits, a small-community seller, and a transfer fee.
For board members
Open meetings
- Open to members. Member, board and regularly scheduled committee meetings are open to all members (33-1804(A) for HOAs; 33-1248(A) for condos).
- Owners speak before the vote: "after the board has discussed a specific agenda item but before the board takes formal action", within reasonable limits (33-1804(A); 33-1248(A)).
- 48 hours' notice of board meetings once the developer is gone (33-1804(D); 33-1248(D)). Emergency meetings may take only business that can't wait (33-1804(E); 33-1248(E)).
- Workshops count. A quorum meeting informally on association business must follow the open meeting rules even with no vote (33-1804(E); 33-1248(E)).
- Recording. Members may record open portions, unless the board records the meeting itself and gives the unedited recording on request. A board that records must keep it "for at least six months" (33-1804(A); 33-1248(A)).
- Openness wins: read the rules "in favor of open meetings" (33-1804(F); 33-1248(F)).
Closed sessions: discuss, don't decide
From 12 September 2026 (SB 1290), a closed part of an HOA meeting must be "limited to consideration without action" of five topics: legal advice from the board's or association's attorney; pending or contemplated litigation; personal, health or financial information about an individual; an individual employee's performance, pay, health or complaints; and a member's appeal of a violation or penalty, unless the member wants it open (33-1804(A)). The board must name the paragraph that allows the closed session (33-1804(C); 33-1248(C)). Condo boards have the same five topics, but 33-1248(A) doesn't contain the words "without action".
Check this one: condos and closed-session votes. Two law firms read the Court of Appeals decision in A Z N H Revocable Trust v. Sunland Springs Village Homeowners Association, No. 1 CA-CV 25-0424 (28 April 2026), as saying boards "may not vote or take any formal action in closed session" and that closed-session agendas must describe the topics. One applies it to condos too. We haven't read the opinion or confirmed its status, so condo boards should ask the association's attorney.
Check this one: deciding by email. Arizona's statutes don't expressly say whether a board may act by email or unanimous written consent. Ask the association's attorney.
Meetings and elections
- Owners' meetings. At least one a year, on 10 to 50 days' notice; members with 25% of the votes (or less, per the bylaws) can call a special meeting (33-1804(B); 33-1248(B)).
- No proxies once the developer is gone. Members vote in person or by absentee ballot (33-1812(A); 33-1250(C)).
- Ballots list each proposed action with a for or against choice, work for one election only, and give at least seven days to return (33-1812(A); 33-1250(C)). Ballots, envelopes and sign-in sheets are kept at least one year, open to members (33-1812(A)(7); 33-1250(C)(7)).
- Removing a director. A petition from the lesser of 25% of the votes or 100 votes (10% or 1,000 in associations over 1,000 members) forces a meeting within 30 days, or the directors are "deemed removed from office effective at midnight of the thirty-first day" (33-1813(A); 33-1243(H)).
Duty, conflicts and money
- A duty to act reasonably from 12 September 2026 (HB 4011): discretionary powers must be used "neutrally, fairly, without favoritism and in a nonarbitrary fashion" (33-1821 for HOAs; 33-1242(E) for condos).
- Conflicts. A director must declare a conflict in an open meeting before the board discusses or acts on something that would benefit the director or a close relative, but may still vote. A contract made in breach is "void and unenforceable" (33-1811; 33-1243(C)).
- HOA dues increases. No more than 20% over the previous year's regular assessment without a majority of members (33-1803(A)).
- Condo budgets. Unless the declaration lets the board adopt it alone, a budget stands unless a majority of all owners (or any larger vote the declaration sets) rejects it at a meeting 14 to 30 days after owners get the summary (33-1243(D)).
- A yearly audit, review or compilation, done within 180 days of year end (33-1810; 33-1243(J)).
Check this one: enforcing the duty. HB 4011 doesn't say how an owner enforces it. An owner may raise it with the board, at ADRE or in court. Ask an Arizona-licensed attorney before relying on it.
What Arizona law doesn't require. We found no reserve study or reserve funding rule, and no director training or certification rule, for HOAs or condos.
Letters for this: records, a closed-session decision, the board's recording, a special meeting call, removing a director, ballots and sign-in sheets, the duty to act reasonably, and a director's conflict.
Records you can see
- Ten business days to make "all financial and other records" available for review, and ten business days for copies. Review is free; copies cost "not more than fifteen cents per page" (33-1805(A) for HOAs; 33-1258(A) for condos).
- What can be withheld. Privileged attorney communications, pending litigation, records of a board session that didn't have to be open, and personal, health, financial or employment records of individuals (33-1805(B); 33-1258(B)).
Our reading: no built-in penalty. We found no penalty in 33-1805 itself. An owner's route is an ADRE petition or court.
Letters for this: a records request, a request to examine and copy records, and a request to see ballots and sign-in sheets.
Behind on dues, liens and foreclosure
What the lien covers
An HOA's "common expense lien" covers assessments, late charges on assessments if the declaration allows them, reasonable collection costs, and attorney fees only if a court awards them (33-1802(2)). Other charges, including fines and interest, are "member expenses" (33-1802(5)), or "unit owner expenses" in a condo, and "are not enforceable as common expense liens" (33-1807(B); 33-1256(B)).
The steps that come first
- HOA late charges. Only after 15 days unpaid and notice that the assessment is overdue, and no more than "the greater of fifteen dollars or ten percent" of it (33-1803(A)). For condos, 33-1242(A)(11) requires the overdue notice; we found no dollar limit there.
- A 30-day certified letter. At least 30 days before handing your account to an attorney or an outside collection agency, the association must send a bold or all-capitals notice by certified mail, return receipt requested, warning that collection "could include bringing a foreclosure action against your property" unless you bring the account current or make arrangements within 30 days (33-1807(L); 33-1256(L)).
- No selling your debt. "The association may not transfer ownership or control of debt" (33-1807(O); 33-1256(O)).
- A payment plan offer. The board must make "reasonable efforts to communicate with the member and offer a reasonable payment plan before filing a foreclosure action" (33-1807(A); 33-1256(A)). We found no set minimum length or terms, and no dollar cap on collection fees, which must be "reasonable" (33-1802(2)).
- Payment order. Unless you direct otherwise, payments go to assessments first and fines and interest last (33-1807(K); 33-1256(K)).
Foreclosure: 18 months or $10,000, whichever comes first
The lien may be foreclosed "in the same manner as a mortgage", but only if the owner has been delinquent in assessments "for a period of eighteen months or in the amount of $10,000 or more, whichever occurs first, as determined on the date the action is filed" (33-1807(A); 33-1256(A)). HOAs have had this test since 26 September 2025 (SB 1494) and condos since 12 September 2026 (SB 1246); before that, both used one year or $1,200. For a special assessment that started at $10,000 or more, "only the eighteen-month delinquency threshold applies".
- Fines are never foreclosed. For fines and other member (or unit owner) expenses, the association needs a recorded court judgment, and that lien "may not be foreclosed" and takes effect only when the home is conveyed (33-1807(B); 33-1256(B)). This has been the law since 2024 (HB 2648).
- Priority. The lien ranks behind a recorded first mortgage or deed of trust, tax liens and liens recorded before the declaration, with no six-month "super-priority" (33-1807(C); 33-1256(C)).
- Homestead. The lien "is not subject to chapter 8", Arizona's homestead exemption, in an HOA or a condo (33-1807(D); 33-1256(D)).
- Six years. The lien ends unless proceedings are "instituted within six years" after the full amount is due (33-1807(G); 33-1256(G)).
Check this one: what counts toward $10,000. Our reading is that only unpaid assessments count, not late charges, fees or fines, and that a condo foreclosure filed on or after 12 September 2026 uses the new test. Neither point is settled. Ask an Arizona-licensed attorney about your own dates.
Check this one: court foreclosure and buying back. "In the same manner as a mortgage" points to a court (judicial) foreclosure, not a trustee's sale (our reading). After a sheriff's sale, Arizona's general redemption statute should let the owner redeem "within six months after the date of the sale", or 30 days if the court found the home abandoned (12-1282(A), (B)), but we found no case applying it to an HOA or condo lien. Ask an Arizona-licensed attorney straight away.
Letters for this: the ledger, a payment plan, fees before the 30-day letter, HOA late charges, fines in a lien, who owns your account, the foreclosure test, and a lien statement.
HOA or condo at a glance
| Rule | HOA (planned community, ch. 16) | Condo (ch. 9) |
| Reply to a violation notice | 21 calendar days from the date of the notice, certified mail (33-1803(C)) | Same rule (33-1242(B)) |
| Late charge on overdue dues | Up to the greater of $15 or 10%, after 15 days (33-1803(A)) | No dollar limit found; notice required (33-1242(A)(11)) |
| Raising regular dues | No more than 20% a year without a member majority (33-1803(A)) | Budget ratification: a majority of all owners (or more, if the declaration says) can reject it (33-1243(D)) |
| Closed board sessions | Five topics, "without action", since 12 Sept 2026 (33-1804(A)) | Same five topics, but the statute lacks "without action" (33-1248(A)) |
| Resale disclosure fees | $400 in total, $100 rush, $50 update (33-1806(D)) | Same (33-1260(D)) |
| Extra resale items | None beyond the shared list | Insurance certificates, known defects billable within 6 months, 35% investor ownership (33-1260(A)) |
| Foreclosure test | 18 months or $10,000, whichever comes first, since 26 Sept 2025 (33-1807(A)) | The same test since 12 Sept 2026 (33-1256(A)) |
| Fines and other charges outside the lien | Never foreclosed (33-1807(B)) | Never foreclosed (33-1256(B)) |
| Backyard shade structures | Can't be banned, from 12 Sept 2026 (33-1816.01) | No such rule |
Who to ask
- Your board or community manager, in writing. Reply to a violation notice by certified mail to the address in the notice (33-1803(C)).
- The Arizona Department of Real Estate (ADRE), azre.gov, for petitions, which it refers to the Office of Administrative Hearings. It doesn't investigate or give legal advice.
- The county recorder (for example Maricopa, Pima or Pinal) for recorded declarations, plats and liens, and the Arizona Corporation Commission for the association's public corporate filings.
- An Arizona-licensed attorney. The Arizona courts' self-service center lists the Maricopa County Bar Association and Pima County Bar Association Lawyer Referral Services (small consultation fee). On a low income, try AZ Law Help, Community Legal Services or Southern Arizona Legal Aid.
- Your escrow officer or real estate agent for the resale package, lien statement and contract review period. The association's attorney for boards.
There's no HOA regulator in Arizona. We found no state HOA ombudsman, HOA commission or HOA licensing body.
What changes next
This page is current to the seven 2026 acts that took effect on 12 September 2026: SB 1184, SB 1246, SB 1290, SB 1808, HB 2342, HB 2397 and HB 4011. Arizona changes HOA law nearly every year, usually effective in September. The next regular session, the 58th Legislature, opens in January 2027 (the second Monday, 11 January).
Bills that died in 2026 and may come back. None of these is law as of October 2026:
- HB 2834: an ADRE petition fee of $300 per issue (passed the House only).
- HB 2128: no board action by unanimous written consent without a meeting (passed the House only).
- SB 1500: a 3% limit on regular assessment increases without 67% approval (introduced only).
- SB 1674: enforcement with "reasonable discretion" and no selective enforcement (introduced only).
- HB 2909 and SB 1158: ADRE civil penalties of up to $500 per complaint (died).
Check this one: the official pages update unevenly. If a statute linked below doesn't yet show a 2026 change described here, check the 2026 session law or ask an attorney.
General information only, not legal advice. Current to October 2026. The official text of the Arizona statutes is linked below. Check it, and ask your association's attorney or an Arizona-licensed attorney about your own situation.